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A LOCALLY OWNED NEWSPAPER
Recently, Congressman Allen
Boyd (D-North Florida), a mem-
ber of the House Appropriations
Committee, voted in favor of the
fiscal 2005 omnibus appropria-
tions package (HR 4818), secur-
ing $63 million for North Florida,
which includes funding for dairy
and poultry waste treatment,
North Florida Watershed Project,
Florida National Scenic Trail and
the expansion of U.S. Highway
"I'm so pleased I was able to se-
cure this funding for North
Florida," said Congressman Boyd.
"Our rural communities will
greatly benefit from the improve-
ments these funds will facilitate.
By promoting and encouraging
development and conservation
projects in North Florida, out cit-
ies and towns, as well as out resi-
State Notice Of Intent To
Sue Army Corps Of
Engineers Remains Intact
No Progress on Negotiations
Less than 30 days remain for the State of Florida to begin a civil
lawsuit against the United States Army Corps of Engineers for viola-
tions of the Endangered Species Act (ESA) arising out of Corps opera-
tions of dams and reservoirs on the Apalachicola-Chattahoochee-Flint
(ACF) river basin.
The letter of intent to begin a civic action against the Corps was sent
to the Secretary of the Army, the Corps of Engineers, U.S. Fish and
Wildlife Service, the Secretary of the Interior and the Secretary of
Commerce on November 5, 2004.
The letter was written by the law firms of Fennemore Craig which
legally represents the State of Florida in the proposed litigation, signed
by attorney Donald G. Blankenau.
The letter asserts that the Corps has violated, and is currently violat-
ing, the ESA, by operating its dams and reservoirs, absent consulta-
tion required by the law, in a manner that adversely affects species
listed and critical habitat designated under the BSA. The offending
actions include, but are not limited to, the authorization of and con-
tinued operation of dams and reservoirs to facilitate water withdraw-
als from and below Lake Sidney Lanier by and for various municipal
water providers in the State of Georgia. The Corps' operations likely
are jeopardizing the continued existence of the Gulf sturgeon, an
anadromous fish species; the fat threeridge and purple bankclimber,
two species of freshwater mussel; and the Florida torreya, a species
of tree (collectively, the "ACF Species", all protected under the ESA
and native to the ACF Basin and the State of Florida. Such opera-
tions are also adversely modifying critical habitat designated for the
Gulf sturgeon. Florida has been injured by the Corps' failure to com-
ply with the procedural and substantive mandates of the ESA.
Further, the Corps' practice of 1) withholding water upstream to sup-
port non-native reservoir species, 2) manipulating reservoir releases
needed for navigation in a manner that sharply depletes Apalachicola
River flows in the spring has and will result in unlawful takings of
Gulf sturgeon and the mussel species. Such actions violate Section 9
of the ESA.
Florida intends to commence a civil action pursuant to the ESA, and
the Administrative Procedure Act ("APA") for declaratory, injunctive
and other appropriate relief (including attorneys' fees) against the
Corps to redress the specific violations enumerated in Section IV of
The Chattahoochee River originates in the mountains of northern
Georgia, flows along the Alabama-Gcorgia border, joins theUiui tLi'c.r-
to become the Apalachicola River at the Florida-Georgia border, and
flows into the Apalachicola Bay and Gulf of Mexico.
The ACF Basin is an ecosystem of unusual richness and diversity.
The ACF Basin is home to at least 122 species of fish, 29 species of
mussel, 30 species of crayfish the highest diversity of reptiles and
amphibians in the United States and one of the most productive fish-
eries in North America. The Apalachicola Bay is one of the most pro-
ductive estuarine systems bordering the Gulf of Mexico. It provides
approximately 90% of the oysters harvested in Florida (approximately
10% of the Nation's total), and it yields substantial harvests of shrimp,
finfish and crab.
'Spoil Mountain" on the Apalachicola River
Florida, the United States, and private conservation interests hay
invested heavily in the Apalachicola River and Bay because, they cot
stitute one of the most ecologically diverse and significant natur
areas in the Southeast. Florida has Purchased approximately 278,00
acres of land now actively managed for conservation purposes. Th
represents the largest land acquisition in any Florida river system
Nearly one-third of that land has been purchased since 1999 at
cost of over $100,000,000. The United States has Purchased 256,09
acres and The Nature Conservancy another 8,843 acres. In total
approximately 542,940 acres are being managed actively to prote
the area of concern, which is roughly twice the size of Rocky Mour
tain National Park.
The Apalachicola River and Bay's significance has earned it stat
national, and international recognition. The Apalachicola Nation
Estuarine Research Reserve ("ANERR") encompasses 193,758 acr
of land and water, making it the largest of the 26 estuarine research
reserves in the United States. The ANERR has received internation
designation as a "biosphere reserve" through the United Nations Edt
national, Scientific, and Cultural Organization. Florida designated b
statute areas within the ANERR as outstanding Florida waters. Th
State of Florida has also designated the Apalachicola Bay as an aquat
The ACF Species, like all endangered and threatened species, "are
aesthetic, ecological, educational, historical, recreational, and sciei
tific value to the Nation and its people" Any actions taken by th
Corps in the ACF Basin that adversely impact the ACF Species con
promise the national values Congress enumerated.
The Threatened Gulf Sturgeon
The Gulf sturgeon is an anadromous fish species endemic to the AC
Basin. The historic range of the Gulf sturgeon included nine maji
rivers and several smaller rivers from the Mississippi River, Louis
ana, to the Suwannee River, Florida, and marine waters of the center
and eastern Gulf of Mexico, south to Tampa Bay, Florida. In 199
the United States Fish and Wildlife Service ("FWS") and NOAA Fisi
series (collectively, the "services") listed the Gulf sturgeon as "threa
ened" under the ESA.
The Gulf sturgeon currently occupies the Apalachicola River and Ba
portions of which were designated as critical habitat for the specli
Continued on Page 5
Inside This Issue
Eileen Annie Ball ............ ............................. 1, 4
Apalachicola River Litigation......................... 1, 8
Eastpoint Theatre............................................... 1
Franklin Briefs ................................................... 2
Editorial & Commentary ................................. 3, 4
Carrabelle City .................................................... 5
Holiday Wishes ............................................... 6, 9
FCAN ................................................................. 7
Business Card Directory ........ ............................. 9
Big Bend Hospice ............................................. 10
At the Franklin County Public Library
Eileen Annie Ball Winner Of
December 10-23,2004 New York Times Library
Funds For Award
Program honors librarians around the country for
outstanding public service.
its, will all profit from the Eileen Annie Ball, Director of the Franklin County Public Library
gress made with this funding." (Eastpoint, FL), was among the 27 winners of the 2004 New York
Somnibus appropriations Times Librarian Awards. Now in its fourth year, the program honors
e omnibus pplibrarians from around the country who have provided outstanding
kage includes: public service. In recognition of the program's origins in New .York
I million for Dairy and Poultry City, 15 awards were given to librarians from New York City, New
ste Treatment York State, New Jersey and Connecticut. The remaining 12 were pre-
sented to exemplary librarians from six regions around the nation:
1 million for the North Florida the Northeast, the South, the Midwest and Great Lakes, the Moun-
tershed Project tain and Plains States, the Southwest and the West. Nominations
from the general public were accepted from June through September
2.5 million for Florida National and totaled nearly 1,500, with nominations coming from 47 states
2 million for Suwannee Wild- ,_ __ 1
Corridor L -
* $1 million for U.S. Highway 319
* $450,000 for Post Harvest Oys-
* $297,000 for Feed Efficiency in
About One Year Away
Eastpoint Theatre, Inc.
Signs Building Contract
Tom W. Hoffer, publisher of the
Franklin chronicle and owner of
the Eastpoint Theatre, Inc. an-
nourgced the sipningp of a building;
i. uV'_rlrit ior' ., 'red-iron" steel
building planned for 33 Begonia
Street in Eastpoint with Vulcan
Steel of Sparks, Georgia.
"Vulcan will construct a 50 by 100
foot auditorium supplemented
with two adjacent activity rooms
measuring 16 feet by 50 feet on
each side of the auditorium. The
building will stand up to 30 feet
high", Hoffer said. on the front
end will be a 96-foot long area that
would eventually be remodeled
into two leased offices and a lobby
measuring about 26 feet deep and
30 feet in length. The front of the
structure will be designed to "add
on" additional leased spaces even-
tually creating a small mall.
"The process of planning the
structure is just beginning,"
Hoffer indicated. "We will receive
engineer drawings in January
before a formal review can be
completed. Vulcan Steel will help
us design a concrete foundation,
based on test borings already
completed by Earthworks, Talla-
hassee. The foundation presents
special problems as the weight of
the steel structure will be slightly
over 40 tons." A conceptual draw-
ing of the structure will be cre-
ated and published when the en-
gineered drawings have been
completed and approved.
An infrastructure of living quar-
ters in the form of two duplexes
has been under construction
since May when the first duplex
was started. This is a steel frame
building contracted by U.S.I. Sys-
tems of Marietta, Georgia, con-
tracted with Eric Dahlin, the Vice
President of this minority-owned
company. Dahlin.is about to be-
gin construction of the second du-
plex at the Chronicle compound
when the permit is issued.
Andy Dyal, Director of Opera-
tions, and Diane Dyal, Ad De-
signer, accompanied Hoffer to
Sparks, Georgia last week for a
long meeting with designer Jeff
Spradley, Vice President of Vulcan
Steel. Several design problems
were worked out in this meeting
including the placement of a pro-
jection room at the front of the
building to serve all three areas,
the main auditorium designed to
seat about 300 persons, and the
two auxiliary rooms that could
serve as intimate cinemas or for
video projection and production.
"The erection of this massive steel
structure complete with insulated
walls and roof will be the crucial
shell," Hoffer said. "We will have
to remodel the interior with a
stage, screen, stadium seating for
a portion of the theatre, and
16mm, 35mm and video projec-
tion equipment and surround
sound systems. We want to design
a comfortable seating venue that
will nearly require patrons to be
pried out of their seats at the end
of each performance. And, of
course, the concession area will
be large and accessible."
The contract cost of the steel
building is $113,000. Competing
bids for the concrete foundation
will be taken when the plans are
available. Sewer and water infra-
structure were installed two years
earlier and sewer hookups have
already been accomplished for the
first duplex. The installed sewer
and water system will also service
the theatre complex.
"We anticipate that the Eastpoint
Theatre will also become a com-
munity center where groups of
special and general interest may
meet and discuss and deliberate
on problems involving the county
as well as special services such
as the Panhandle Players, or reli-
gious interests for nominal costs.
We also anticipate some level of
live entertainment most likely
emphasizing music but there are
no specific agendas on that point,"
The Chronicle will remain an in-
tegral part of the Eastpoint The-
atre, promoting attractions and
continuing other public interest
"At least, we have reached a fo-
cus point for the conclusion of our
construction program, in terms of
planning. Despite the ambiguity
of that statement, I have to sigh a
little relief at what has been ac-
complished thus far. We started
with 2.3 acres of highly vegetated
and treed property, cleared it out,
re-landscaped the land, installed
a large sewer and water collection
system, stormwater system, built
one duplex and an editorial build-
ing with archives in the time
frame of two years. This is not
really what I envisioned in my re-
tirement and for stress-free activ-
ity, I would not recommend con-
struction. But, Andy, Diane and I
have had considerable help from
local sub-contractors and many
contributors to the Chronicle dur-
ing this time. We will continue to
need help," Hoffer concluded.
The sub-contractors involved
thus far have included Sipprell
Concrete, Summerhill Electric,
David Paul Plumbing, U.S.I. Sys-
tems of Marietta Georgia
(steel-fabricator), Vulcan Steel
(Sparks, Georgia) Bo's Pest Con-
trol, Rodney Hall Roofing,
Franklin County Rental Center
(Eastpoint), Coastline Clearing
and Development (Eastpoint),
Disposal Depot (Lynn Haven),
Tri-State Pest Control and Insu-
lation, Nero's Boat Yard
(Carrabelle), Ben Withers, Inc.
(Panacea), R. W. Thomas, Con-
struction, Inc. (Eastpoint), C. R.
Smith and Son (Port St. Joe), K
and T Construction, Sunshine
Painting (Eastpoint), Sellers Tile
(Eastpoint), American Fence Co
(Tallahassee), Tim Ryan Enter-
prises (Eastpoint), R. Tennyson
(Apalachicola), Chisholm Con-
struction (Carrabelle), Jackson
Hardware (Carrabelle), Harold
Benjamin, Jr. (Project Engineer),
Clayton Anderson (Project Engi-
neer), Bill Douglas Engineering
(Tallahassee) and C&C Construc-
Ms. Ball was nominated by Shirley Hartley formerly of St. George
Island, and Dawn Radford of Eastpoint. Ms. Hartley brought to light
that rural Franklin County did not have a public library until Octo-
ber 1992. She described Ms. Ball as a "person of unusual ability, one
who has been of incredible benefit to her community." Ms. Hartley
further stated: "I came to understand that, under her direction and
directly due to her ability in acquiring grant funding, the Franklin
County Public Library had become more than just a place to check
out books, but actually filled a need for a community center, a coun-
seling center, an after school center and an educational center."
Continued on Page 4
Santa Arrives In Franklin By
Santa Claus left his reindeer at Headquarters as he pulled
up to an Apalachicola pier on a crisp Friday evening, No-
vember 26th, to kickoff the Holiday season. His arrival in
these parts is taken seriously, as he was greeted by over
300 screaming children and some adults popping flash cam-
eras in rapid succession. When Santa heard the roar, he
picked himself up and almost flew onto the pier to greet
the hysterical multitude. That was not the end but just the
beginning. He held court, receiving the hundreds of chil-
dren upon his lap, each posing for a picture with this icon,
as Mrs. Claus stood behind the throng, passing candy and
gifts to each child. Transportation was provided by Buddy
Ward Seafood and the official host was the Chamber of
Commerce, ably assisted by Alex and Laura Moody.
Page 2 10 December 2004
A LOCALLY OWNED NEWSPAPER
The Franklin Chronicle
December 7, 2004
Cheryl Sanders, Chairperson;
Commissioner Bevin Putnal;
Crofton; Commissioner Noah
Lockley, Jr. and
The meeting was called to order
at 9:00 a.m. and minutes for five
previous meetings were approved.
These wifl be posted on the
county's website. The county
bills were paid, totaling
The Board presented a Resolution
commending Eileen Annie Ball for
winning the New York Times Li-
brary Award. Van Johnson, Solid
Waste director, produced the pre-
sentation of awards to Little
Bill Mahan reported on a program
featuring Alligator Harbor farm-
raised clams at the Chamber of
Commerce's Christmas Luncheon
at the Gibson Inn last week. He
also informed the Board on the
continuing search for a boat ramp
site. "I met with Seth Blitch from
the ANERR last week in Eastpoint
and looked at the Old Ferry Dock
area as a possible boat ramp site,
We went out at low tide and .didn't
find anyplace that looked like it
had enough water depth to be
suitable for a boat ramp, I spoke
to Pat Harrell with the Fish and
Wildlife Commission yesterday
about the Box R Boat Ramp Grant
Application. She informed me that
in the preliminary review and
ranking of the proposals that we
have been approved for funding
($275,000) and that we should
receive written confirmation of the
award by the end of the week. Ms.
Harrell told me that our next step
will be to develop a Memorandum
of Understanding (MOU) between
the FWC and Franklin County."
Mark Curenton presented the fol-
lowing report to the Commission-
1. There are still two vacancies on
the Board of Adjustment: one
regular seat and one alternate
seat. Commissioners Lockley and
Crofton will, submit nominations.
2. At the last meeting the Board
tabledconsideration of avarianee
for the portion of Lot 23, Alligator
Point subdivision, north of Alliga-
tor Drive. Dan Garlick is still re-
searching the ownership issue on
3. I have notified Mr. Sammie
Simmons that the Board is look-
ing into the situation where a
county road was built across his
property in Lanark. Copy of letter
for the Board file.
4. The National Oceanic and At-
mospheric Administration grant
that is helping to pay for the de-
sign of the Alligator Point beach
renourishment has been extended
until May 31, 2005. Copy of let-
ter for Board file.
5. David Wilder is here with a re-
quest to revise preliminary plat of
Resort Village to move one lot from
the Gulf side to the Bay side. The
6. Rich Reeves has received the
LAP agreement for Phase III of the
St. George Island Bicycle Path
from DOT. Funds for design of the
path are available now, and funds
for construction of the path will
be available in 2007. The Board
7. The second warranty inspec-
tion on the St. George Island
Landscaping project was con-
ducted on Nov. 17, 2004. There
were some plants that needed to
be replaced. Island Home Land-
scaping has been notified of the
required warranty work, but so far
they have not responded. I have
a copy of the inspection report
and Rich Reeves's letter to Island
Home Landscaping for the
8. There is more money available
from DOT for landscaping
projects in the County. Some resi-
dents of St. George Island have
suggested landscaping the east
side of the causeway leading onto
the island. Commissioners are to
submit proposals and Mark
Curenton will correlate them for
a report to the Board.
9. The developers have submitted
quit claim deeds to the County for
the roads in Palmetto Village and
Blue Heron Village in Eastpoint. I
have the original deeds for the
10. The County has received an
easement to cross the Lanark Vil-
lage Water and Sewer District
property for our drainage project
in Lanark. I have the original deed
for the Board's file.
11. The County has received an-
other pay request from C. W. Rob-
erts for the Twin Lakes Road. This
request is for $9,346.43. The
Board needs to approve paying
this amount as a change order to
the paving program. The Board
Alan Pierce presented the follow-
ing report to the Commissioners:
Preble-Rish, Inc. has been work-
ing on parking improvements for
the Health Department. At this
time, two major improvements
have been designed. One, a new
parking lot behind Apalachee
Mental Health clinic to assist with
overflow parking from the Health
Dept.'The Health Dept. would lose
9 on 12th St. but the would add
31, for a total' gain of 22. Two, a
new parking lot right in front of
Dr. Miniat's building that would
remove his 12th St. parking. The
total number of spaces for Dr.
Miniat would not change. He has
10 on 12th St. that he would lose,
but he would gain 10 in a much
safer arrangement. With the con-
struction of these two lots, the
county would then be able to re-
move all of the parking along 12th
St. which is a traffic hazard. The
Mental Healtn Clinic parking
would be the same butt
re-organized to close their curb%'
At this time, estimated cost of con-
struction is $25,000 for the Men-,
tal Health lot, and $10,000 for Dr..,
Miniat. The county has not bud-,
geted for either of these projects.
One solution for funding Dr.
Miniat is to re-evaluate his rental'
payments and increase it since he
will be the beneficiary of this new
parking lot. The Board estab-
lished a rental/lease arrangement
for Dr. Miniat four years ago at-.
$1200/month, which included
the Board paying all utilities, and
that arrangement has not been
re-evaluated. The Board directed
the County Attorney to contact.
Dr. Miniat to ascertain his plans.'-
FEMA has concluded their writer
ing of Project Worksheets for hur-
ricane damage. The final numbersL
for Alligator Point is $229,446.51'
for damage repairs, and ,
$116,955.46 for hazard mitiga--;
tion, for a total of $346,401.47.
Additionally, FEMA has informed
the county that another $40,000
of hazard mitigation funds are
available. These could be used on
Alligator Point, or on some other'.
hazard mitigation project. The
Board has until April 15, 2005 to"
submit an application. I recom-
mend the Board, allow the new
Emergency Management Director,
to recommend a project, unless
the Board has something now it
wants to work on. The Board ap-,
The Board's legislative delegation,
will be announcing its meeting
date soon for the county.. Does the
Board have any particular re-,
quests they would.like to put forth
to the delegation? One issue the,
Board. should consider is a re-
quest to have our delegation pur-.
sue the state taking Alligator Point'
Road. The Board has it something
to offer now, however minor,.
which is that the county has thep
FEMA funds which could be spent,
protecting the road before it is
turned over to the state.
Draft recommended response to
ORC report.. Provide Board copy
of proposed 'responses for most of
the issues raised in the ORC re-,
port. The three issues not ad-'
dressed are: boundary for Coastal.
High Hazard Area; St. James Is-
land Overlay and related land use
changes; and responses to other.
proposed land use changes.
I received a telephone call from
Ms. Val Hubbard, DCA, last week
about the meeting Chairman
Sanders and I had with DCA back
in November. Ms. Hubbard asked
that I reiterate that DCA has not
signed off on any issue or the
wording of any response. But
based upon that initial meeting,
DCA believes the county is on the
right track And did not need to-
'meet'aamn .on most issues until
a wkTitten response was created&
They liave not even seen this pro-
posed response, and will not un-
til the Board tells me, or some-
one, to submit it to them. DCA still
retains their legal authority to re-
view the county's responses, and
will retain that authority until a
properly adopted comp plan is
submitted to them and they re-
view it for compliance.
The purpose of the meeting the
Chairman and I had, and any fu-
ture meetings, is to get direction
from DCA. Franklin County is try-
ing to be responsive to the state's
With the conclusion of Mr. Pierce's
comments on the recommenda-
tions to the criticisms by the Dept.
of Community Affairs on the draft
comprehensive plan, the discus-
sion turned to a number of citi-
zen comments about the planning
By Richard E. Noble
December 7, was certainly an ap-
propriate date for this months
frst county commission meeting.
The meeting was proceeding
ni atter-of-factly, my boss was just
starting to doze off, when sud-
denly, without warning, the room
exploded. Well, the room itself
didn't explode but several people
within the room certainly did.
Quite obviously, there are a numn-
ber of people here in Franklin
'County who are not happy with
"the County's Comprehensive De-
First Allen Pierce stepped to the
podium. He presented tothe Com-
mission his preliminary re-
sponses to the DCA's thirty-two,
or so, criticisms of the County's
initial Plan. Allen Pierce qualified
his proposals' as a first response,
indicating that most of the re-
sponse material wasrouftine. "Let
me repeat, and to the public here,"
he said turning to the audience,
"this is not a complete document
.. At this point'ladies. and gentle-
men (speaking to Commission-
ers), I want you' all to take'the
policy decisions'without me inrter-
fering. ' "
Commissioner Sanders then pro-
ceeded to defend Mr. Pierce's pre-
liminary report once again' arnd
then concluded; "Let's send this
up there (to Tallahassee), see hdw
DCA feels about it; if DCA do6h't
like it, they can kick it back: or
whatever. I don't have no problem
Allen Pierce then repeated that he
did not want to interfere with the
Commission or its policy making
ability and requested to leave the
rdom. As Mn 'Pierce readied him-
self to leave the packed room,
Commissioner Sanders went on
with her defense of Mr. Pierce's
preliminary response. Allen Pierce
was half-way out of the hall when
Commissioner Sanders and Com-
missioner Mosconis hailed him
down and asked him to remain-
on account, it later became obvi-
ous, that they did not want to go
through the p'.'titii: abuse all
alone. The fluo'.r %' then opened
)up to the public b-yommlsic'ri,er
;Mr. Dave McLain of the
'Apalachicola Bay and River Keep-
ers Association was first in line
to the podium. Mr. McLain, a
mature individual-graying some-
what-was very composed and
presented his remarks respect-
fully. I don't know If his face and
neck are always that color red,
but as he went about his busi-
ness, I was privately wishing that
the EMT workers had an issue
this week. I have read in the past
about Human Spontaneous Com-
bustion but I had never actually
seen an event of the phenomena.
Mr. McLain first pointed out that
there was no mention in the
Commission's report of the sug-
gestions made and recommended
at any of the previous public hear-
* Preserve community character
& quality of life.
* Protect and preserve natural
* Require compatible land .use
* Establish concurrency and im-
* Develop affordable housing.
* Enforce regulation of develop-
* Support viable commercial sea-
* Support business and workforce
Commissioner Sanders then
asked Mr. McLain if he could pos-
sibly. include in Mr. Pierce's state-
merit his particular concerns..Mr.
McLain explained that it was not
simply his complaints or recom-
mendations that were at issue.
And tried to explain to the board
that they were not living up to the
basic requirement of the State
with regards to Public input. 'The
'Commission promised the DCA
that the public will be involved
and the public is not being in-
A debate 'ensued in which it
seemed to this reporter that the
Commissioners tried to explain to
Mr. McLain that he and the pub-
lic had already been consulted; or
that he and all the people in the
hall did not represent the public;
or that Mr. McLain should not be
worried that simply because he
had not been listened ,to so far
that this would coriniue to be the
case in 'the fiiture.'
Mr. McLain voiced a continuous
response for,, What. understood
to be, a request for an announced
or publicized public meeting or
meetings to discuss the, Compre-
hensive Plan and its DCA criti-
cisms. It was clear that the
County Commission members did
not share this desire. 'This is not
an, adoption," repeated commis-
sioners Sanders and Mosconis
over and over.
Extensive public input was man-
datewth a consensus and a fi-
nal consensus statement from the
public-was the notion that Mr.
McLain repeated over and over.
Mr. Mosconis informed those pro-
testing that we have "Two Master
degrees ... both Allen Pierce and
Mark Curenton have Master's
Degrees in Planning." Mister
Mosconis then invoked the
Nixonian notion that he and the
other Commissioners represented
the "Silent Majority."
"I look at this crowd out. there ...
this does not represent the people
of Franklin County," suggested
Mr. Mosconis. .
"'This is not the issue ... This is
not the process as described by
law ... Public hearings were man-
dated," responded Mr. McLain.
Speaker after speaker then were
called to the podium; a doctor, a
business man, a clam farmer and
commercial fisherman etc. Most
vocal among the speakers was the
clam farmer and commercial fish-
erman, a Mr. Van Lewis.
Mr. Lewis voiced several opinions,
none of which were overly flatter-
ing to several of the county Com-
mission members: He' accused
past members of the board of not
doing their job in a good many
instances 'and jeopardizing the
health of the community by not
introducing a non-toxic method of
mosquito control which he has
recommended for the, past six
years. He became niore and more
animated in his statements and
the police representative was ac-
tually called forward to inform
.him that if he did not quiet down
he would be, removed.
So ... was the "People's Voice"
That is difficult, to sgy. If Mr.
* Mosconis is. correct, the.11 people"
weren't even' really there.. If. Ms.
Sanders is correct, the people
have 'already been heard. If Mr.
Pierce is correct this is not about
. the people-at least not at this
*point in the discussion.
Will there be future public meet-
ings on the Comprehensive Plan?
Mr. Pierce's response was tabled
until the. next meeting and Mr.
McLain was asked to include his
suggestions into Mr. Pierce's Re-
sponse-in the appropriate lan-
guage by the next meeting.
So, in conclusion, all that I, can
say is-TO Be Continued!.
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A LOCALLY OWNED NEWSPAPER
-1 December 2004- 0aige 3
From 1000 Friends of Florida, ForesightlWinter 2004,
Coastal High Hazard Area
Publisher's Note: This editorial from 1000 Friends of Florida, an
environmental lobby, has appropriate timing as Franklin County
continues to review and presumably amend its draft comprehen-
sive plan. One sticky point is the coastal high hazard area on the
future land use map in its comprehensive plan. There are some
important considerations identified here as the county continues
to review its plan in the coming weeks.
By Charles Pattison, AICP Executive Director
Four hurricanes in a single season is a lot by anyone's standards,
especially if they were four of the ten-most costly in U.S. history,
happened within a six-week period, and all impacted one state. With
Florida losses still coming in, initial estimates show that 2004's Char-
ley, Frances, Ivan, and Jeanne combined will exceed the $35 billion
in losses caused by Hurricane Andrew here in 1992. This year, one in
five Florida homes suffered some kind of hurricane-related damage.
Unfortunately, some are predicting that four major hurricanes in one
season may become the norm, not the exception. Many scientists
agree that hurricane patterns are cyclical, and that Florida may be
emerging from a 40-year lull. The 15,000 insurance claims adjusters
temporarily in Florida in 2004 could be a common sight in future
And yet we continue to build in vulnerable areas. About 80 percent
of our population lives within 20 miles of the coast. These devel-
opment patterns are projected to continue as Florida moves closer to
becoming the nation's third largest state. Clearly, it's time to ask what
can be done differently.
1000 Friends is advocating for a series of changes to how Florida
plans for disaster in order to save lives, protect property, and safe-
guard the natural environment.
Currently, every coastal county in Florida is required to identify. a
"coastal high hazard area" (CHHA) on the future land-use map in its
comprehensive plan. This CHHA is used to help determine hurricane
evacuations, and is supposed to help guide the intensity of develop-
ment permitted in an area.
However, there are no uniform standards on how to determine ap-
propriate boundaries for the zone, resulting in very uneven levels of
protection from one county to the next. 1000 Friends believes the
Florida Statutes should be amended to require that the area is iden-
tified through approved regional hurricane evacuation studies devel-
oped by the Army Corps of Engineers, the Federal Emergency Man-
agement Agency (FEMA), or a comparable, professionaly accepted
Also under current law, evacuation areas are based on a Category I
storm event. 1000 Friends recommends that instead it should be
based on a Category 3 storm event to better protect lives. Addition-
ally, for already developed communities within such areas, rational
exceptions to evacuation areas should be outlined, so that the public
better understands the need to prepare for storms.
In the arena of natural resource protection, Florida has two primary
tools. The Florida Department of Environmental Protection has es-
tablished coastal control lines to preserve beaches and dunes and to
protect land from the impacts of coastal development. No construc-
tion is supposed to be allowed seaward of these lines, except by spe-
cial permit. Additionally, under Florida's growth management act,
each coastal county is required to adopt a Coastal Element in its
local comprehensive plan, which identifies goals, objectives, and poli-
cies to protect natural and other resources.
Despite these measures, new coastal construction and coastal
armoring (such as seawalls and jetties) continue impacting beaches,
primary dunes, and endangered species such as sea turtles. 1000
Friends recommends that, at a minimum, over the next year the Florida
Departments of Community Affairs and Environmental Protection
analyze the effectiveness of Coastal Elements, coastal control lines
Home, Auto, Life, Business, Marine, Bonds
and Other Lines of Insurance
See us for your insurance needs at:
61 Avenue E
Apalachicola, Florida 32320
VE vW POST OFFICE BOX 590
,,o*r EASTPOINT, FLORIDA 32328
0III Facsimile 850-670-1685
4. e-mail: email@example.com
THE FRANKLIN COUNTY CHRONICLE, INC.
Vol. 13, No. 25 December 10, 2004
Publisher Tom W. Hoffer
Director of Operations Andy Dyal
Contributors Dawn Radford
............ Carol Noble
............ Richard Noble
............ Skip Frink
and Production Artist Diane Beauvais Dyal
Circulation Associate Jerry Weber
Production Associate Tawnee Sadler
Citizen's Advisory Group
Rand Edelstein Alligator Point
Karen Cox-Dennis Apalachicola
Skip Frink Carrabelle
David Butler Carrabelle
Elizabeth and Jim Sisung Eastpoint
Bedford and Eugenia Watkins............. Eastpoint
Barbara Revell Lanark Village
Richard Harper St. George Island
For current subscribers, back issues of the Chronicle are
available free, in single copies, if in stock, and a fee for
postage and handling. For example a 10 page issue would
cost $2.00 postpaid. Please write directly to the Chronicle
for price quotes if you seek several different or similar
issues. In-county subscriptions are $16.96 including tax.
Out-of-county subscriptions are $22.26 including tax.
Changes in subscription addresses must be sent to the
Chronicle in writing.
All contents Copyright 2004
Franklin Chronicle, Inc.
and other measures to protect sensitive natural resources. These
agencies should report back to the legislature in 2006 with recom-
mendations on how to improve and strengthen these measures.
In recent years, Florida has made important strides to lessen the loss
of life in the face of hurricanes. This is primarily due to significant
improvements in hurricane warnings, building codes, evacuation
methods, communication with the public, training of emergency man-
agement staff and volunteers, and reciprocal aid agreements with
other states, as well as very dedicated state, local, and volunteer per-
sonnel. Now it is time to take the next step and address coastal plan-
ning and development issues.
The Florida Fish And
Spinning Out Of Control
FFWCC Deception After Deception, Lie Upon Lie-It's Way
Past Time for the Legislature to Clean House.
By David Grix, Vice President, Fishing for Freedom
Guess what readers? The FWC: has lied again. What a surprise! Once
again It was not just to the fishermen, but to the Legislature. In order
to obtain the absolutely unwarranted Increased fines and penalties
against commercial netters, the FFWCC's commander, Colonel Julie
Jones and FWC Chief Counsel James Antista, promised the Legisla-
ture that the following scenario would not happen...
On the 16th of November, two commercial boats were seen fishing
with a total of four nets by the FWC's Law Enforcement Helicopter.
The helicopter crew ordered that all four nets be loaded onto one
boat. The boat containing the nets was then ordered to a nearby boat
ramp so officers could measure the nets. To be precise as a matter of
law, the webbing of the four nets were NOT connected, the officers
added the area of the four nets up as if they were one net, and then
asserted that the four nets added up, exceeded the 2,000 square foot
flagrant felony limit for a net. Clearly there were four nets and not
just one. In addition, the men were fishing out of two boats. After the
arrest, the fishermen took nets of the same measurements to FFWCC
officers and asked whether or not they were in compliance with the
statutes? The men video taped their meeting with the officers, and
their subsequent refusal to tell them whether or not they compiled
with the FWC's measurement techniques, In fact, the officers at-
tempted to confiscate the tape by threatening to arrest the men. Our
president, Ronald Fred Crum told the men to, "hold onto the tape as
an Important piece of evidence."
The men were also charged with, "fishing with a gill net," These nets
were made of nylon, and the law created by the Legislature clearly
states that a net made of the material contained within these nets is
NOT a gill or entangling net. Another erroneous charge was that the
men were In "POSSESSION of nets with over 2" stretch mesh," At this
time, the only net that is restricted to 2" stretch mesh is a seine net..
These were clearly legal rectangular nets, not seine nets. The charge
that the nets were over 500 square feet in mesh area each, dealt with
the same size nets the men attempted to have verified as legal with
FWC officers. Obviously, FWC officers don't follow the majority of law
enforcement's practice around this nation that is to "protect and serve"
the public. The arrested citizens facing harsh fines, penalties, jail
time and the loss of their right to vote Include, Donnie Gordon Nichols,
John Henry Kilgore, and Albert L. Hartfleld.
For several days, our President, Mr. Crum, attempted to educate the
Legislature of the "trap" being set by the FWC arid CCA to arrest
citizens that had no intent of breaking the law. He repeatedly told the
Legislature of the unethical manner in which the FWC operates, and
guaranteed that such a scenario, like what happened above, would
occur. CCA President Ted Forsgren claimed that felony status and
increased penalties were necessary to prevent the illegal harvest of
thousands of pounds of mullet per Illegal net. Between the four men,
they had a recreational catch allowance of 100 pounds of mullet. The
Legislature has finally witnessed the lies and deception that have
been happening to us for years. They have also witnessed lies and
deception coming from the top of the food chain. Maybe this session
the Legislature will once again clean house like they did in 1999,
because a FWC "house cleaning" is long, long overdue.
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Fishing For Freedom Is
Turning Up The Heat On The
Florida Fish And Wildlife
The David Grix Report on the FFWCC Meeting At Key
Largo, December 1, 2004
I've just returned from the FWC meeting in Key Largo, and it was a
good day. I met two very strong supporters of our organization, Bobby
and Grady Johnson. Bobby appeared for moral support, while Grady
questioned the Commission with several issues dealing with crab-
bing and the possibility of future generations entering the industry.
I'm not quite sure if the Commission is planning to completely phase
out the industry or whether they hadn't considered potential young
adults entering the industry. Grady's questions appeared to take them
by surprise. Essentially, Grady and his questions about future en-
trants is on the back burner for a while.
I addressed several key issues before the Commission. They were...
The Commission's failure to obey ALL of the Standards of FS 370.025
that provide "due process" for our industry, and prevent arbitrary
and capricious rulemaking.
The absurdity of the Commission's attorneys informing the Commis-
sioners that they didn't have to obey the SUPREME COURT'S RE-
QUIREMENT that they obey FS 370.025.
The absurdity of the Commission's attorneys informing the Commis-
sion that they did not have to obey FS 370.025, despite the
LEGISLATURE'S MANDATE in FS 370.093(6) that they do so.
The absurdity of the Commission's attorneys informing the Commis-
sion that they could ignore FAC 68B-1.009 which REQUIRES the use
of FS 370.025 in their rulemaking.
I presented the original first 17 pages of the Saltwater Fisheries Study
and Advisory Council whereby 150 people created the Standards of
FS 370.025 during 1980-1983. (The document was obtained through
the efforts of FFF's President, Ronald Crum.) The document stated
that the single most important finding of the study which created FS
370.025, was that no single interest group should dominate the Com-
mission. I informed the Commission that the exact scenario the advi-
sory council warned of had already happened with Ted Forsgren's
group, the CCA, essentially having free reign on most matters.
I brought up the fact that I had met with the Tallahassee State
Attorney's office and informed them that ALL FWC rules for years
have been passed without the use of FS 370.025... Which makes all
the rules invalid in FFF's opinion. It appears that Willie Meggs, the
State's Attorney, has some doubts as to the validity of the rules now.
Yesterday, the 30th of November, Willie Meggs put a moratorium on
the prosecution of net fishing violations. (That might have been why
ALL commissioners were listening for a change.)
Next, I dealt with the few promises before the Legislature to "fix" the
2" mesh enforcement upon all nets so fishermen had a "choice" of
obeying or breaking the law. The FWC had promised to "fix" the prob-
lem, even if the court's didn't. The promise to rectify the situation
before the Legislature was to achieve heavier fines, introduce felony
status to certain nets, and obtain a lesser burden of probable cause
for arrests against the fishing industry. I informed the Commission
that their promise to "fix" the mesh situation by making ALL nets 2"
mesh made several Legislators angry, violated the unnecessary kill-
ing and waste provisions of the Constitution, and also violated FS
In other words, the Commission's promise to the Legislature to "fix"
the situation turned out to be a lie. All of the Legislative people who
have been informed of this recognize the "bad faith" aspect of this
Immediately after that, I asserted that Chief Counsel James Antista
and FWC Commander Colonel Julie Jones had sworn to the Legisla-
ture that they would NOT be adding up small nets in order to create
one large net to initiate felony arrests... But that is exactly what the
FWC Law Enforcement did. Now, three or four men recently arrested
are facing felony charges, extreme fines, possible jail time, the loss of
the right to vote, and a permanent black mark upon their record.
After the meeting, the Colonel spoke with me, attempting to justify
the arrest by stating the nets were tied together, when the current
LAWS do not permit the arresting of individuals for tying the ropes of
nets together when the netting is not connected. She finally admitted
that it is a "proposed law," and that she felt she was enforcing the
"policy" of the FWC. So much for the phrase, "LAW ENFORCEMENT!"
Judges have told these "gods of injustice" that their courts are "courts
of law," not courts of "policy." Our President, Ronald Fred Crum, spent
days in the Legislature warning that this exact scenario would hap-
pen and that the FWC was laying a trap to arrest citizens. It seems
that the FWC "Law Enforcement" has one agenda in mind ... That is
the total annihilation of a culture. The law be damned.
It appears that the Tallahassee State Attorney putting a hold on pros-
ecutions helped the Commission understand that there are major
problems within their agency.
Services Held For
Sopchoppy Marine Killed In
Services were held Saturday, De-
cember 4, 2004, for Lance Cpl.
Charles Hanson, Jr., U.S. Marine
Corps who was killed in Iraq when
his patrol passed a roadside
bomb. He was 22 years old.
The funeral was conducted at St.
Elizabeth Ann Seton Catholic
Church in Medart.
Mr. Hanson joined the Marine
Corps in April 2002 and took his
training at Parris Island, South
Carolina. He was a rifleman with
Bravo Company, 1st Battalion,
2nd Marines based in Camp
Lejeune, North Carolina. He was
on his second tour in Iraq when
he was killed.
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A memorial fund has been estab-
lished. Contributions may be
made to the Wakulla Bank c/o
Lance Cpl. Charles Hanson, Jr.
PO Box 610, Crawfordville,
Florida 32326, or dropped off at
any Wakulla Bank branch.
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Page 4 10 December 2004
A LOCALLY OWNED NEWSPAPER
The Franklin Chronicle
EDrITORAL & COMMENTARY
A Sinking Ship
The FWC's ship has sprung a leak and appears to be sinking faster
than the Titanic. Their attorneys, staff and law enforcement person-
nel have lost their cool. Most importantly, their staff have made the
critical mistake of dealing with the Legislature in the same deceptive
"bad faith" manner that they have dealt with citizens for the last 6
"Loose lips sink ships," so let me just "wet" your appetite from the
waters scooped out of the FWC's sinking scowl.
'Pertaining to the FWC's "bad faith" in dealing with the Legislature ...
Just a few months ago, the FWC and Ted Forsgren decided that the
excessive penalties against commercial fishing violators weren't ex-
cessive enough. So. the FWC managed to push a bill through the
House and Senate that increased fines and penalties. Our organiza-
tion, with President Crum at the helm on this issue, tirelessly fought
the bills and their passage.
Though we failed to stop the bills and their passage, we impressed
upon the Legislators that without a "choice" to use gear that pro-
tected the environment, the economy and the people, the bill was
unjust. The FWC promised to "fix" the situation if the Legislators
voted for the increased penalties ... The Legislature passed the bills
then the FWC, true to form, ignored their promises.
As evident by the FWC's Home Page, their "fix" is to create gear that
violates the Constitution and laws of Florida and the United States.
The FWC's proposed rules devastate the environment, harm the citi-
zens, and the economy. Now, Representative Will Kendrick has stepped
in to help us create a ground swell of political support that threatens
to finally "wash the rats" off of the FWC's sinking ship. We owe a great
deal of gratitude to Representative Kendrick for helping protect our
citizens rights and the environment, of this state.
As far as my one-week visit to Tallahassee, I stayed at Fishing For
Freedom's President's home and gained several pounds from the
Crum's hospitality. Mr. Crum and I worked very hard, and the fruits
of out labor will be seen in the near future. Six dignitaries attended
our protest and the hearing before the 1st DCA on Judge Sander
Sauls favorable ruling for our position, which had been appealed by
the State. Our protest garnered a good amount of media coverage
and WFSU continued coverage through the DCA's hearing.
True to form, the DCA struck down Judge Saul's 6 month long study
and 27 page favorable ruling in one week by just stating "AFFIRMED."
As the DCA knows, if they give no reason, the Supreme Court won't
accept an appeal. We, have appealed for an answer from this court,
but knowing the three men on the Tribunal as we do, we expect no
reason to be given to justify their ruling. What justice!?!? The 1st
DCA sided with an agency that refuses to follow:the law as mandated
by the Legislature in FS 370.093(6) and the Supreme Court as stated
in two cases.
While visiting the FWC, I was threatened with arrest by Major Bruce
Buckson in front of his superior if I used legislatively granted gear to.
fish with, in a non-prohibited manner. A FWC superior officer at-
tempted to convince me that the FWC didn't-arrest on policy, only
law. Then Major Buckson entered the room. Buckson promptly in-
formed me that he would arrest me if I used the legal gear to fish
with, in the legal manner I requested to use it; I requested Major
Buckson "show me the law" that would justify my arrest, he did not,
and could not.
The Major actually stated to his superior officer that he shouldn't
have to stand for the harassment as I demanded for him to show me
any law that justified hip arrest. Major Buckson twice requested that
he be excused before the superior officer excused him. As Major
Buckson knows, the law doesn't exist. As I was leaving the building,
James Antista, Chief Counsel for the FWC informed me that he would
arrest me because it was a "proposed law." The States Attorney called
their stands "ludicrous." At this time I can't disclose many more de-
tails about the trip other than to say that I spoke with several of the
highest public officials in the state for extended periods of time. The
.words "impeach," "corruption," "clean house," and "purse strings"
were abundant in their voiced concerns of what to.do to, or with, the
FWC. To all of our readersand'supporters?..; "Be aware that many of
the:highest;public officials are finally on:our side,. and,that the FWC
ship ist taking on water." o : ,
VP Fishing For Freedom
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Dead Porpoise Staged In
Fake Photograph To Show
Result Of A Gill Net
Late Revelation Calls Into Question the Validity of Claims by
"Save Our Sealife" Propagandists Urging a Net Ban.
An item on the web site of Fishing for Freedom by Christina Johnson
now calls into serious question the validity of claims that a gill net
was used to kill a porpoise as depicted in the "Save Our Sealife" pro-
paganda campaign in the early 1990s. That campaign led to the im-
position of a "net ban" on the use otgill nets by commercial fisher-
Ms. Johnson interviewed a retired inarine law enforcement officer
intimately familiar with the discovery of a dead porpoise on the beach
at Marco Island. Johnson's narrative continued,
"One example relayed to me by a retired marine law enforcement
officer; a porpoise had been found dead on a publicbeach of Marco
Island. Upon inspection by a Florida State Marine Biologist, it was
determined by the injuries present, that the porpoise had been struck
by a powerboat in the facial area causing serve damage resulting in
death. The State Biologist did not remove the porpoise for autopsy
because cause of death was determined at the scene. Rather they
requested the Sheriffs Office Marine Unit to tow it off shore for dis-
"Strangely, approximately two days later the same marine law en-
forcement officer received a phone call-in the early daylight hours
about a Florida Marine Patrol Officer.( Now Known as the FWC) and
some individuals taking photographs of a dead porpoise and a piece
of gill net located at Coconut Island. This Officer responded to the
call and upon arrival and inspection of the porpoise there was no net
present. The officer was able to immediately determine that this was
the same porpoise, due to the facial injuries, that had been inspected
by the State of Florida Marine Biologist two days earlier and was
towed off shore by the Sheriffs Office Marine Unit. This started a
conversation with the Florida Marine Patrol Officer who was laughing
while telling this officer that the group Save Our Sealife had been
there taking photographs of the porpoise and a gill net. It became
immediately apparent that this was a staged photograph operation
by the individuals involved. Coincidentally shortly thereafter this in-
cident the Florida Sportsman kicked off their notorious "SOS" cam.-
paign and these staged photographs, found there way into the pages
of Karl Wickstrom's Florida Sportsman Magazine with the same laugh-,
ing Florida Marine Patrol Of fcer in them. The netting in these photo-
graphs ,was lying draped over the facial area of the porpoise. This
netting was clean and free of debris such as sea grass, crabs and
other creatures that would commonly be present if ah entanglement
had occurred. This began the net ban and anti-commercial fishing,
propaganda set forth by Wickstrom arid the Save our Sealife Cam-
paign. This information was obtained directly from the Officer,thati
was involved and he is available for further comment for anyone who
wishes to speak with him."
Benjamin Franklin (1706-1790)
By Richard E. Noble
I was watching "Book Notes" and this famous author was talking
about the fact that as a youth he was forced, as were all grade-schoolers
of his day, to read the autobiography of Benjamin Franklin. He hated
it, the book being so "dull, pompous and laden with platitudes", he
I've just finished reading the autobiography of Ben Franklin, and I
have gotten a belly laugh out ofjust about every chapter. The man is
hilarious. I really haven't decided whether the whole book is an out-
right tongue-in-cheek put-on, or that old Ben is just such a practical,
unemotional fellow, that his guidelines for living a virtuous life sound
like .a biology. professor trying to explain to a sjOw,.suetu4nhowto
rationally distinguish his left hand frpm his right. o ..
The story of his courtship with Miss Read", his eventual wife, I'm
sure, is not something that "Miss Read" cut out of her husband's
book and hid away in a trunk of loving memorabilia in an upstairs
attic, along with her first love poemand a piece of her wedding cake.
She was "deserving ... pitiable and a good and faithful helpmate",
says Ben. And, believe it or not, she nearly lost Ben's attentions by
her inability to get her parents to cough up one hundred pounds as
her dowry. In fact, she did loose Ben for a good period during the
negotiations, and in the interim Ben being left hot to trot explains
that; "In the meantime, that hard to be governed passion of youth
had harried me frequently into intrigues with low woman that fell in
my way." He goes on to explain his thankfulness at not catching "dis-
temper" or something worse.
His battle with being a perfect, virtuous individual he compares with
a man attempting to buy a shinny ax. After a few hours and some
time at the hard work of turning the wheel for the blacksmith who is
trying to get the man's desired ax to shine, the customer decides that
a speckled ax will do, just fine. This becomes even funnier when you
remember that Ben is talking about his own moral character here. So
when put next to the hard work of becoming moral and virtuous,
Ben's decision is that he would Just as soon have a speckled soul to
carry to his Maker. Oh, my goodness!
And this has got to be the best one of all. Ben is going into his shop on
Craven Street one morning where upon he finds a "poor ... very pale
and feeble" sickly woman, sweeping the walk in front of his door. He
asks her who hired her to sweep his walk and she replies; "Nobody;
but I am poor and in distress, and I sweeps before gentle folks' doors
and hopes they will give me something."
Oh, my, doesn't that nearly break your heart? So what does old com-
passionate Ben do? Why he offers the feeble, poor, pale, very sickly
woman a shilling to sweep the whole darn street. When she comes for
her shilling he presumes that a woman in her obviously poor condi-
tion couldn't have done a very good job, so he sends his servant,
Jeeves, out to check her work. Jeeves reports that the poor, dying,
old lady has really done an excellent job-so what does Ben con-
clude?-that she deserves, possibly, a permanent, full-time job back
at the Franklin plantation or something of the like? Not quite: "I then
judged that if that feeble woman could sweep such a street in three
hours, a strong, active man might have done it in half the time."
Ben Franklin, the father of compassionate conservatism-and possi-
bly several illegitimate children-so, what's new.
By Judi Rundel
The Franklin County Public Library will be closed December 23rd
through the 27th for the Christmas Holiday. Both branches will re-
open on Tuesday, December 28th.
Santa will be at the Carrabelle Branch of the Library on Tuesday,
December 21st from 10:00 a.m. 12:00 Noon.
The WITH-IT! program students will see the full production of Nut-
cracker-the ballet on Saturday, December 18th, in Tallahassee. The
students have been learning all aspects of dance and this field trip
has been planned to coordinate with the current cultural project block.
The Franklin County Public Library's programs-FROG, WITH-ITI,
and TIGERS-are offered at no cost to participants. Registration how-
ever is required. For information about the WITH-ITI and TIGERS
programs call 653-2784 in Apalachicola, 670-5250 in Eastpoint, or
697-9216 in Carrabelle. The FROG Family program can be reached
by calling 697-2091 in Carrabelle or 670-4423 in Eastpoint. For in-
formation about upcoming events, becoming a volunteer tutor, or
becoming a, library volunteer, please call 670-8151, 697-2366, or
697-2091, or view the Library's website located at www.fcpl.lib.fl.us.
.Eileen Annie from Page 1
Ms. ,Ball has been the director ot the Franklin County Public Library
since January'1994. During her, tenure, the library has received sev-
eral state and national awards including: the American Library Asso-
ciation Excellence in Library Services to Young Adults Award both in
1997 and 2004-ranking in the top five library young adult programs
in the nation; the 2003 Florida Library Association Betty Davis Miller
Award; 1996 Friends of Libraries USA Award; 1995 Public Library
Association Excellence in Small and/or Rural Public Library Service
"We are very happy to have the opportunity to celebrate public librar-
ians from across the country, whose enormous contributions some-
times go unrecognized," said Alyse Myers, vice president, marketing
services, The New York Times. 'This program demonstrates, year af-
ter year, how crucial libraries and librarians are to people in every
part of the nation. From big cities to small towns, people look to their
local libraries for information, education, entertainment, culture and
community, and the librarians are there to help them find it all. The
Times is proud to honor the work of these librarians who bring people
together over books around the common belief that access to infor-
mation is part of the bedrock of our society."
A selection committee was composed of representatives from The Times
and leading library professionals from Arizona, California, Connecti-
cut, Michigan, New Jersey and New York. The Times will honor the
winners on December 15 with a commemorative plaque and a
$2,500.00 award. A separate plaque featuring Ms. Ball will be sent to
the Franklin County Public Library.
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I Ine rI' i an1izn %.IR utlc
10 December 2004 Page 5
Carrabelle City Council
Meeting December 2,
Presented to a full house;
:Later, Attorney Bails.
1 Carrabelle residents and visitors
'may be able to walk the entire city
side of the river on a public board-
walk, if the latest development
,plan passes. An almost
'standing-room-only crowd at the
Senior Center heard Sam Justice,
of Justice Architectural Systems
'of Greenville, SC highlight a new
master plan for the downtown
Although the developers (Kay
:Eubanks and others under the
;name Forgotten Coast Develop-
,ment, from the Mexico Beach of-
fice of Coldwell Banker) are not
'making offers on the entire town,
:the plan includes a vision of a
:near-complete rework of several
'blocks, from the water back. The
:concept presented was explained
by Mr. Justice as a logical thought
process that would produce a
well-thought out and designed
look and function for Carrabelle.
Importantly, he emphasized that
this process would include citi-
zens of Carrabelle in all phases of
planning. The project is appar-
ently a morphed outgrowth of the
more modest plan shown last
month that featured the Georgian
Motel's change into a multi-use
commercial and residential area.
The evening was full of develop-
ment challenges to the existing
zoning and land use laws, caus-
ing City Attorney Dan Cox to
make repeated recommendations
that the existing Comprehensive
Plan was out of date and must be
fixed, by law, before some of the
current projects can go forward.
Several Issues were passed by the
commission in spite of the warn-
ings., The climax of the evening,
right, at adjournment at 11:15
p.m., was the suggestion from Mr.
Cox: that the city "Advertise an
RFP for a City Attorney". It took
some time for the meaning of the
statement to, sink in, helped by
Mr. Cox adding that he was ten-
dering his resignation. The com-
mission voted to accept.
Approval of Bills
Mayor Brown: Noted that sewer
deposits for new projects have not
all been paid, and that the city
would be enforcing that require-
ment. He also stated that Rebecca
(Becky) Jackson, long-time City
Clerk, would resign effective 2/
25/05, and the commission voted
to maintain her payroll status
until June. Stated reason was
health issues. Becky's suggestion
that Courtney Millender, Assis-
tant Clerk, be promoted into the
slot, was tabled by vote.
Board of Adjustment
Mary Lawhon's request for a vari-
ance at Phase II of Mariner's
Landing, repeating the variance
granted previously for Phase III to
change public restrooms to
ground level, was passed.
Planning and Zoning
Roger Bybee, engineer, made sev-
eral observations at this point. He
said that the city was allowing il-
legal spot zoning, that the Comp
Plan was out of date and must be
revisited, and that the city codes
need revision. He cited statistics
on development projects: that of
the 668 approved multi-family
dwelling units that are, part of new
approved projects, only 50 units
(7-1/2 %) are currently under
construction. His recommenda-
tions are apparently in line ,with
those of exiting city attorney Dan
Public comment from Dr. Lewis,
Roger Bybee, Donald Wood and
CalAllen strongly objected to pro-
posals from Lee Morris and Bar-
bara Stokes to begin zoning
change work in the R-1 East
Carrabelle area around' highway
30A (Gulf Avenue). Mr. Bybee con-
trasted the quiet residential na-
ture of the stretch to the plan of'
high-density construction that
would come with the multi-family
proposals. He observed "inconsis-
tencies" with the Coastal High-
Hazard areas on the Comp Plan
"current best data". His interpre-
tation is that 2 units per acre is
the current allowable, whereas
proposals show 15 per acre; and
that much study and change
musl be done before proceeding.
Barbara Stokes, with consultants
CLAIM OF LIEN NOTICE
Per Florida Statutes 713.78 (3) (b) File No.
Date of this Notice 11/22/04 Invoice No. 9915
Description-of Vehicle: l, Che. ,- I.:-.jel S ". .P g Color Blue
Tag No E16YBZ Year 1986 State FL vin No. 1G1JC35POG7146296
To Owner: Laura Jean O'Neal To Lien Holder:
P.O. Box 213
Carrabelle, FL 32322
You and each of you are hereby notified that the above vehicle was towed on
11/16/04 at the request of FHP that said vehicle is in its
possession at the address noted below. They the undersigned claim a lien for
towing, storage and cost. The vehicle will be sold after 35 days from the date of
impound free of prior liens. Payment by the above date of notice in the amount
$ 230.00 plus storage charges occurring at the rate of $ 20.00 per
day from the date hereof will be sufficient to redeem the vehicle from the lien of
the lienor; that subsection (4) of Florida Statute 713.78.
NOTICE OF FORECLOSURE OF LIEN AND OF INTENT TO SELL'
To subsection (5) of Florida Statute 713.78
You and each of you are hereby notified that on 12/23/04 at 12:00 noon
o'clock, the vehicle described above will be sold at public auction
at: 620 Houston Rd., Eastpoint, FL' From the proceeds will first be paid all
towing and storage charges plus all costs including cost for this sale. Any excess
will be deposited with the Clerk of the Circuit Court.
You and each of you are urged to make satisfactory arrangements to pay all
charges and take possession of the said vehicle. In order to obtain a release of the
vehicle you must present personal identification, driver's license and PROOF
OF OWNERSHIP (title, registration, etc.) at the address below and pay the
SHADE TREE TOWING
P.O. Box 971
Eastpoint, FL 32328
Eastpoint Bay Front: "Yesterday's Dream," 55 S. Bayshore Dr.
Magnificent 4BR/3BA, 3300 +/- sq. ft. home offers gourmet kitchen,
custom cabinets, fireplace, Andersen and Pella windows, bamboo
floors, beautiful landscaped yard with koi pond, enclosed hot tub and
pool. Approx. 224' Bay frontage, wonderful sunsets! $1,499,000.
Select Land Value
Magnolia Bluff Bay View-Lot 1, Block 1, approx. 100' frontage x 200'
y Prudential Toll-Free: 800-974-2666
Resort Realty Phone: 850-927-2666
123 Gulf Beach Drive West e-mail: info@stgei
St. George Island, Florida 32328
An Independently Owned and Operated Member of The Prudential Real Estate Affiliates, Inc.
Gene Langston and Alan Plerce
Sspokee goal to bring nec
families to Carrabelle, anAr'
showed density plans and we't-
land areas. Some heated
cross-commentary led to no coa
Ben Watkins objected to Daft
Ausley's request to annex prop-'
erty on Highway 98 near the old
Julia Mae's site into the city.
Sparse comment on the change '
of 9.9 acres in Baywood Estates.
from A-1 to R-1.
Unfinished Business ...,
1. (See top of story)
2. Long Pointe, the area west of
the bridge on the north side, was
approved to proceed to advertisE
itself as a PUD (planned Unit D- -
velopment). First reading of the,,
ordinance to be at a special meet-
ing in December to shorten the;
time period to.begin development,: -
*. , "' f !.''
3. Baskerville-Donovan updates ,.
,a.Phase I water and sewer: 98e
complete. Roadpatching remains .
b. Phase IV Timber Island: 33%'.&
c. Storage tanks: 86%. 8 days to
d. Phase III: shop drawings ap-
proval going slowly; has started. :
e.. Lake Morality. Road: slightly; r
behind schedule .
f. Elevated storage.tanks: 3%. ,
4. Jesse and.Mayne MillendeIr
request water ani sewer on 16, ,
lots. B-D to evaluate. .
5. Carraway: L'anding and
Carraway Bay' Plantation Finald.'
Plat 'was approved'
New Business ,':',: '^^
1. Alan Pierce andMike Robulock
were approved' to advertise 25
acres at the end of River Road for
annexation and to rezohe to PUD.
Tentative approval of PUD contini,
gent on annexation.
2. Dan Ausley approved to go to,
public hearing to vacate/abandon
a portion of 13 St W and Ave A
between 12 and 13.St.
3. Barbara Stokes 'Carrabelle
Waters was tabled to January.
4. Gene Langston's R-5 to R-1
application for 28. acres on Air- .
port Road met with Attorney Cox'si
note that the Comp Plan must be'
amended first for land use.
5. Long, extended comments on
Robert Nicholson's request td"
build a Moose Lodge at,106 SE"
12 St. Rita Preston, David Jack-'
son, Gene Spivey. Carolyn Spivey.
Clifford 'Holcomb and George-
JaOdkstit0(twide& poke against due
to proximity to school and child'
traffic. Mayor Brown admonished,,
Mr. Nicholson that although itf '
was his right to present drawings,-.
etc. to begin the process, that "1'T
have to wonder if it would be wise
for you to try to do it".
6. Steve Watkins received prelimi-
nary plat approval for The Moor-
ings rework and redevelopment.
To retain a public boat ramp on-
7. Paul Osterbye got final plat
approval on the 123 River Road
property bought from the city. "
1 8. Approved to send the city back-
hoe for repairs.
9. Tabled the possible hire of an
office assistant for the City. To go
,to the workshop/ meeting 12/14
'10. Discussion of FY 04-05 bud-
'Approved 349, 350, 351, 353, and
.,354. First readings of 356, 357,
358, and 359.
Rta Preston suggested that the
'city legislate a defined distance
from certain places of business to
schools and churches. Attorney.
'Last week, the Bush Administra-
tlon upheld the imposition of pen-
alty tariffs on imported shrimp
from China and Vietnam.
iThe ruling was, a part of a case
brought by the Southern Shrimp
;Alliance that ihas been trying to
' cope with low prices for imprrted
"shrimp for :the-past three years.
The Alliance has chargedithat the-
U.S. shrimp Industry was being
destroyed because of the flood of
cheap imported foreign -shrimp.
On the other hand, some foreign
shrimp producers argue that the
SU.S. needs foreign imports be-
cause the domestic supply Is not
large enough- to meet demand.
They also deny that they are sell-
ing shrimp at low enough prices
in order to capture the U.S. mar-
The eight states represented in
the Southern,Shrimp Alliance are
Alabama, Florida, Georgia, 'Loui-
siana, Mississippi, North Caro-
lina, South Carolina and Texas.
A final decision on shrimp duties
from four other countries, Brazil,
Ecuador, India and Thailand may
be made in late December. Alto-
gether, these countries, including
China and Vietnam, provide
about 75% of the shrimp eaten by
The U.S: Commerce Dept. issued
the tariffs against China and \'let-
nam after reviewing the results of
a yearlong investigation which
showed that farm-raised shrimp
from those nations were dumped
in the U.S. markets. The shrimp-
ing business in those nations is
subsidized,by their governments
and in some cases by the World
Bank and foreign aid from the
U.S. The wholesale price of a
pound of shrimp in the U. S. has
fallen from $5. to $3.50 a lb. in
the last five years, due largely to
'*" d9I( jfIF /i SWin ELECTRONICS
ri e FURUNO, GARMIN, RAY MARINE
Fibpr glass & paint supplies, fishing tackle, trailer parts. frozen bait, live bait,
rope, team fish line, dpep sea & flat rods & reels.
Coming soon: Diesel & gas motor repair, new t-tops and canvas and repairs.
Adding over'7,000 sq. ft.
CLAIM OF IEN NOTICE
Per Florida Statuies' 713.78 (3) (b) File No.
Date of this Notice 11/29/04 Invoice No. 8833
Description of Vehicle: Make Model amar Color Blue
TagNo No Tag Year 1984 s F,, vinNo. 1G1AP8714EL194883
ToOur.er Don Julian Penlon. Jr 'r To Lie. ,:.le, "
23 Lake Aenue
Panacea. FL 32346 '
You and each of you are hereby notified that the above vehicle was towed on
11/05/04 at the request of .:eA.-D/FCSO that said vehicle is in its
possession at the address noted below. They the undersigned claim a lien for
towing, storage and cost. The vehicle wifltbe sold after 35 days from the date of
impound free of prior liens. Payment by the above date of notice in the amount
$ 230.00 pius storage charges occuring at the rate of $ 20.00 per
day from the date hereof will be sufficient to redeem the vehicle from the lien of
the lienor; that subsection (4) of Florida statute 713.78.
NOTICE OF FORECLOSURE IEN AND OF INTENT TO SELL
VEHICLE P PURSUANT
To subsection (5) of 0torida Statute 713.78
You and each of you are hereby notfiifi !|at on 12/16/04 at 12:00 noon
o'clock, the vehicle described above~illbe sold at public auction
at: 620 Houston Rd., Eastpoint, FL iom the proceeds will first be paid all
towing and storage charges plus all c'ts Including cost for this sale. Any excess
will be deposited with the Clerk of th-i-Ccuit Court.
You and each of you are urged to makl saisfactory arrangements to pay all
charges and take possession of the said vehicle. In order to obtain a release of the
vehicle you must present personal indint'ication, driver's license and PROOF
OF OWNERSHIP (title, registration, etc.) at the address below and pay the
SHADE Tif TOWING
Eastpoinft,| L 32328
Apalachicola River Litigation from Page 1
The impact of dam and reservoir operation on the ACF Species neces-
sitates careful coordination with the Services. The Jim Woodruff Lock
and Dam on the Apalachicola River completely restrict Gulf sturgeon
migration. Prior to dam construction in 1957, the Gulf sturgeon mi-
grated approximately 200 miles upstream in the ACF system. Be-
cause of the effects of dam and reservoir operation, the GSRP indi-
cates a need to re-evaluate existing dam operations and encourages
cooperative efforts among the Services and the Corps "to identify ways.
to restore and protect natural river habitat diversity."
Florida does not advocate removal of the .dams. This notice is di-
rected toward the Corps' operation of the ACF dam and reservoir sys-,
tem, the downstream impacts of which must be carefully evaluated
at all times under all applicable laws, including the ESA.
Designated Gulf sturgeon critical habitat includes "units within the
major river systems that support the seven currently reproducing
subpopulations and associated marine habitats. These river systems
include the Apalachicola River, which along with the other critical
habitat units, "collectively represent habitat necessary to provide for
the conservation of the species." One hundred fifty-eight river miles
of the Apalachicola are designated as critical habitat for the Gulf stur-
geon. Critical Habitat Unit 13 includes portions of the Apalachicola
Bay in the Gulf of Mexico. This unit provides winter feeding migration
habitat for the Apalachicola River Gulf sturgeon subpopulation. The
species is believed to migrate from the Apalachicola Bay into the Gulf
of Mexico following prevailing currents.
According to the Services "the value of critical habitat is appreciably
diminished when an action considerably reduces the capability of
designated or proposed critical habitat to satisfy requirements essen-
tial to the conservation of a listed species." In particular:
"[A]ctions that may destroy or adversely modify Gulf sturgeon critical
habitat may include, but are not limited to, dredging; dredge material
disposal; channelization; in-stream mining; land uses that cause ex-
cessive turbidity or sedimentation-, water impoundment; hard-bottom
removal for navigation channel deepening, water diversion; dam op-
erations; release of chemicals, biological pollutants, or heated efflu-
ents into surface water or connected groundwater via point sources
or dispersed non-point sources; release of chemical or biological pol-
lutants that accumulate in sediments; and other physical or chemi-
cal alterations of channels and passes."'
The Endangered Fat Threeridge and Threatened Purple
On March 16, 1998, FWS listed the fat threeridge as "endangered"
and the purple bankclimber as "threatened" under the ESA. The fat
threeridge and purple bankclimber are endemic to eastern.Gulf Slope
streams draining Apalachicolan region of southeastern Alabama,
southwestern Georgia, and northern Florida, with their center of dis-
tribution being the ACF Basin and the Ochlockonee River system.
The fat threeridge historically occurred in the mainstreams of the
Flint, Apalachicola, and lower Chipola Rivers. Current populations
Remain in the Apalachicola River. The purple bankclimber was his-
torically found throughout the mainstream of the Flint River system
and some of its tributaries. The species .was also historically located
in both the Apalachicola and the Chattahoochee Rivers. Current Popu-
lations remain in the Apalachicola River.
In listing these mussel species, FWS explained "[mluch riverine habi-
tat in the ACF system has been converted to slack-water impound-
ments." Neither of the two mussel species was located in surveyed
reservoir sites, and [n]one of these species are known to successfully
reproduce and recruit under impoundment conditions. Expanding,
on the problems presented by impoundment FWS explained that the
mussels, habitat requirements "generally consist of stable channels
with substrates. Usually gravel, and other rocky materials in stream
currents. Habitat conditions created in impounded rivers consist of
softer sediments (i.e., silt, mud, sand) and minimal currents (except
at reservoir heads). Impoundments also change other physical and
chemical characteristics of rivers."
"[FWS] believes significant changes in water quality, including large
increases in sediments, decrease in flow due to impoundments, and
nutrient increases, have been generally detrimental to the native
mussel fauna." ('The mussel fauna in much of the Apalachicolan Re-
gion has been negatively impacted by impoundments, siltation,
channelization, and by water pollution.") "Impoundments affect mus-
sels by altering current substrate, and water chemistry, factors which
are important to riverine mussels." Approximately 248 miles of the
lower main stem Chattahoochee River are inundated slack-water
habitat. An additional 53 miles of main stem habitat are impounded
upstream of Atlanta. Fully 69% of the Chattahoochee River is effec-
tively impounded. Similarly, impoundments have altered approxi-
mately 109 miles (29%) of the main stem Flint River.
The Endangered Florida Torreya
FWS listed the Florida torreya as an endangered species over twenty
years ago. This plant species, a coniferous, evergreen tree reaching
18 meters In height, is endemic to the ACF Basin in Florida and Geor-
gia. The Florida torreya is part of the rich flora within the Apalachicola
bluff system. Florida torreya occurs in ravines along the eastern side
of the Apalachicola River from Lake Seminole in Georgia to Bristol,
Florida. The species occurs on public land administered by the Corps
and is impacted by Corps operations.
Additional Species of Concern
Many additional federally protected threatened and endangered spe-
cies are known to exist in the ACF Basin. See, e.g., Working Draft,
Fish and Wildlife Coordination Act Report for the
Apalachicola-Chattahoochee-Flint River, Basin Water Allocation For-
mula (June 5, 1998), Appendix D (listing "Federal and State protected
species within the ACF"). One or more of these species may also be
adversely affected by the Corps' dam and reservoir operations. It Is
incumbent on the Corps to make such determination, by following
the procedures of ESA Section 7.
Alleged Effects of Corps Operations
In listing the Gulf sturgeon, the Services observed that the "Federal
actions most likely to affect the Gulf sturgeon are the permitting pro-
Continued on Page 8
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rFZl, Pirrorldin ChranieFe
A l mhv, pr-0U4 A LONEF nIcle
H^ QjAC4^n 444*
Happy Holidays and good
wishes for a bright year from
The Franklin County
Public Library and
to all our
our family at
347 Highway 98
Eastpoint, FL 32328
HAPPY NEW YEAR
Stacy's Hair Design
347 Highway 98
Eastpoint, FL 32328
AVIATION TRAINING CENTER, INC.
Learn To Fly Here! Sight Seeing/Air Tours *. I
Gift Certificates Available
Car Rentals Available
Our Entire Organization Joins In Sending
With Every Good Wish For The New Year
i CALL: 850-653-2222
Dodd Title Company, Inc.
40-4TH STREET APALACHICOLA, FL 32320
__ Merry Christmas and a Happy New Year!
r AA HAIR, NAILS, PEDICURE SPA,
WAXING, FACIALS, BODY WRAPS,
CONNIE ROEHR, NAIL TECH
ANGELA CREAMER, STYLIST
407 Highway 98
Eastpoint, FL 32328
I I --
A LOCALLY OWNED NEWSPAPER
The Franklin Chronicle
Page 6 10 December 2004c
U4fy ~Nel Ye,44!
The Franklin Chronicle
A LOCALLY OWA0 D NEWSPAPER
10 December 2004 Page 7
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Paee 8 10 December 2004
A LOCALLY OWNED NEWSPAPER
Thp Franklin Chronicle
Apalachicola River Litigation from Page 5
gdams and Federal water resource projects ol the U.S. Army Corps of
Engineers." Similarly, in listing the fat threeridge and purple
llankclimber, FWS found that Federal actions impacting water quan-
tify were among the factors that may affect these species and their
TIe Services also listed those activities that may destroy or adversely
iTodify Gulf sturgeon critical habitat, including the following:
(4) Actions that would alter the flow regime (the magni-
tude, frequency, duration, seasonality, and rate-of-change
of freshwater discharge over time) of a riverine critical
habitat unit such that it is appreciably impaired for the
purposes of Gulf sturgeon migration, resting, staging,
breeding site selection, courtship, egg fertilization, egg
deposition, and egg development, such as impoundment;
water diversion; and dam operations.
(5) Actions that would alter water quality within a desig-
nated critical habitat unit including temperature, salin-
ity, pH, hardness, turbidity, oxygen content, and other
chemical characteristics, such that it is appreciably im-
paired for normal Gulf sturgeon behavior, reproduction,
growth, or viability, such as dredging; dredged material
disposal; channelization; impoundment, in-stream min-
ing; water diversion; dam operations,...
Similarly, water impoundment, dam operations, and navigation chan-
nel maintenance were all cited as destructive to the mussels' habitat.
FWS specifically emphasized the adverse effects habitat modification
has had on the fat threeridge and purple bankclimber when it listed
As for the endangered Florida torreya, it occurs in areas impacted by
Corps operations, including the management of Lake Seminole. In
addition, "construction of Lake Seminole has been reported to have
resulted in the loss of habitat and possibly individuals of Torreya.
According to FWS, properpr planning for the protection of this spe-
cies will be necessary in relation to all [Corps) projects and any other
future Federal activities,"
Congress authorized the Corps to develop and operate certain dam
and reservoir projects within the ACF Basin, including Buford Dam
(impounding Lake Lanier), located on the Chattahoochee River ap-
proximately 35 miles northeast of Atlanta, Georgia. The most recent
Corps reservoir, West Point Lake, also on the main stem of the
Chattahoochee, was constructed in the late 1970s.
FWS listed the Gulf sturgeon in 1991 and the mussel species in 1998.
FWS designated critical habitat for the Gulf surgeon in 2003. In light
of the preceding discussion, it is clear that Corps operations, particu-
larly those that may alter stream flow, directly and adversely impact
the species and critical habitat of concern. Nevertheless, the
Apalachicola River Basin Reservoir Regulation Manual has not been
updated since it was originally adopted in February 1958.
Of particular concern to Florida are those operations that reduce flows
in the ACF Basin, including the authorization of water withdrawals
and operations to support such withdrawals. Beginning in 1973, the
Corps entered into a series of contracts with municipalities and other
political subdivisions in Georgia, allowing those entities to withdraw,
atid call for releases of millions of gallons of water per.day from the
conservation storage portion of Lake Lanier for municipal and indus-
trial use. By 1989, the Corps had entered into interim withdrawal or
relocation contracts or agreements with the City of Cumming, Geor-
a; the City of Gainesville, Georgia; the city of Buford, Georgia;
winnett County, Georgia; and the Atlanta Regional Commission (the
"Water Users") Those agreements, taken together, purported to allow
dppletions of water from the ACF Basin for municipal and industrial
Withdrawals directly from Lake Lanier totaling approximately
85,000,000 gallons per day ("gpd") or more than 95,000 acre-feet
annually, and withdrawals of water released from Lake Lanier into
the Chattahoochee River of approximately 377,000,000 gpd or more
than 422,000 acre-feet annually. By January 1990, each of these
withdrawal contracts had expired.
The Corps continued to allow the Water Users to withdraw water or
otherwise divert water from Lake Lanier despite the expiration of the
Water Users' contracts. It also acceded to additional withdrawals and
releases to support Georgia's municipal and industrial uses. By 1999,
approximately 430,000,000 gpd. were being withdrawn from Lake'
Lanier in this manner. The Corps' ongoing authorization of these with-
drawals and releases, and continued operation of tile ACF dams and
reservoirs to support these activities gives rise to this notice.
Further, on January 9, 2003, the Corps signed a settlement agree-
ment with, among others, the State of Georgia and the Water Users in
Southeastern Federal Power Customers, Inc. v. Caldera, Case No.
1:00CV02975 (D.D.C.) The settlement agreement allows the Corps to
enter into water supply contracts with certain of the Water Users.
The contracts have the potential to remain in effect for 20 years, un-
less they are converted to permanent contracts in the interim.,
Those contracts would require the Corps to reallocate 240,858 acre-feet
of storage in Lake Lanier to municipal and industrial purposes, which
would be approximately 22.96% of the conservation storage in that
reservoir. The settlement agreement projects the safe yield of this
storage for municipal and industrial purposes of 170,400,000 gpd
from Lake Lanier and 367,000,000 gpd from the Chattahoochee River
downstream of Buford Dam during the "Critical Period," which is de-
fined as the most severe drought of record." If the safe yield of this
storage proves to be less than predicted, however, the Corps agreed
that the contracting parties will be reallocated such additional stor-
age in Lake Lanier as is required to meet the projected safe yield. The
Corps further agreed that all return flows to Lake Lanier from the
contracting parties will be deemed to occupy only the storage space
reallocated for municipal and industrial purposes to the extent that
storage space is available, and such return flows would thereafter be
available for use only for municipal and industrial purposes. The Corps
agrees to monitor river conditions and make special releases for-wa-
ter supply purposes when forecasted demands require it.
The Corps negotiated and consented to the settlement agree-
ment without Florida's knowledge or approval, and without af-
fording the public an opportunity to comment on its terms. The
agreement purports to commit the Corps to undertake further
activities that will adversely impact the ACF Species. The Corps'
entry into this settlement agreement also gives rise to this no-
Finally, the Corps has adopted a number of regulations applicable to
the ACF Basin reservoirs, which direct the retention of water in those
reservoirs for the benefit of non-native reservoir species. Pursuant to
these and other internal directives, the Corps has operated the ACF
reservoirs, particularly Jim Woodruff Lock and Dam, to provide "navi-
gation windows" in a manner that directly and adversely impacts the
ACF Species as explained.
This discussion is meant to identify specific unlawful activities of which
Florida is aware. However, Florida intends by this letter to place the
agencies on notice that all of the Corps' discretionary dam and reser-
voir operations, which may affect listed species or designated critical
habitat, conducted in the absence of BSA Section 7 consultation are
unlawful. Indeed, since 2000, FWS repeatedly has informed the Corps
of its obligation to initiate Section 7 consultation on the Corps' larger
ACF Basin operations. To date, no such broad scale consultation has
taken place. While the initial delay might have been justified by
the uncertain outcome of a possible ACF Compact allocation,
the Compact expired more than a year ago, and further delay is
The Corps' actions are especially egregious in light of Congress'
admonition that "Federal agencies s-hal cooperate with State and
local agencies to resolve water resource issues in concert with
conservation of endangered species," (16 USC. 1531 (6)(2). The
Corps failed to consult or cooperate with Florida regarding ongo-
ing water withdrawals and releases from Lake Lanier for water
supply purposes, despite the fact that the Corps has long been
aware of the State, in the ACF Basin. The Corps failed to apprise
'Florida of its intentions before executing the settlement agree-
ment in the Southeastern Federal Power Customers litigation in
the District Court for the District of Columbia. Florida became
aware of the settlement agreement only after the parties signed
it. The Corps entered into the agreement despite its knowledge
of ongoing negotiations among the States of Florida, Alabama
and Georgia seeking an allocation formula to divide the waters of
the ACF Basin among those states.
Florida to Seek Alternative Relief
Florida understands that the Corps and FWS might have conducted
preliminary investigations between 2000 and 2004 in anticipation of
BSA Section 7 consultations related to ACF Compact implementation
or modified release rates from Jim Woodruff Look and Dam. To date,
however, such activities have not resulted in a biological assessment
for the Corps' dam and reservoir operations and FWS has, accord-
ingly, produced no biological opinion on such operations. In short
any consultation process *that has been initiated has not been com-
Florida further notes that the critical habitat designation for the Gulf
sturgeon indicates that the Corps and the Service are currently (as of
March 2003) studying the relationship between flow and habitat avail-
ability. The Services indicated that the Corps "will use the results of
this study and other information in a biological assessment of the
effects of its current operations on the sturgeon, its proposed critical
habitat, and other federally protected species. This assessment will
determine whether current operations may adversely affect
federally-protected species and their habitats and if so, serve to ini-
tiate formal consultation with the [Services]."
To the extent that the Federal agencies might have initiated consul-
tation, either formal or informal, the Corps' activities identified herein
constitute an "irreversible and irretrievable commitment of resources"
prior to the conclusion of consultation and, therefore, a violation of
Section7(d) of the ESA.
The Corps holds water in the ACF reservoirs to support various up-
stream uses. Retention of water in those reservoirs correspondingly
reduces flows in the Apalachicola River in Florida. As discussed above,
the River plays an important role in the life cycle of the threatened
Gulf sturgeon, among other species. Both Gulf sturgeon and the,
mussel species occupy areas immediately below Jim Woodruff Lock
and Dam and elsewhere in the Apalachicola. Gulf Sturgeon spawn in,
those areas. In the spring of 2000, and again in 2002, many of these
areas were dewatered when the Corps sharply reduced river flows in
In those years, the Corps provided a "navigation window" that fast
increased, then sharply reduced releases at Jim Woodruff Look and
Dam in a manner that disconnected multiple side channels, sloughs
and tributaries from the River. Several rock ledges below Jim Woo-
druff Lock and Dam believed to serve as Gulf sturgeon spawning
grounds initially were submerged during the navigation window, en-
couraging fish occupation. As the window closed, these same ar-
eas were dewatered and exposed while the sturgeon was likely in
spawn. These areas also are known to support mussel populations
which were exposed to the atmosphere and killed during dewatering.
The Services have defined habitat modification which significantly
impairs essential behavioral patterns and results in actual death or
injury to a listed species as "harm" under Section 9 of the ESA.
In sum, the Gulf sturgeon is known to spawn in areas known to have
been dewatered by the Corps during the spawning season. It is be-
yond question that such activities "significantly impair" the Gulf
sturgeon's essential behavioral patterns, including, but not limited
to spawning. In NOAA Fisheries' opinion "it is reasonably foresee-
able" that such actions may injure or kill species like the Gulf stur-
geon. Thus, there is a reasonable likelihood that individual Gulf stur-
geon were harmed (i.e., taken) as a result of the Corps' 2000 and
2002 reservoir operations. It is also likely that these operations re-
sulted in take of the mussel species. Indeed, FWS has expressed con-
cern over the impacts of low flows downstream from Jim Woodruff
Look and Dam since at least May 2000.
Because, the Corps has indicated no intention of changing its past
practices, it is reasonably likely that additional take of Gulf sturgeon
and the mussel species will occur in the future. Because the Corps
has not completed Section 7 consultation, the Corps lacks an inci-
dental take. statement that might otherwise authorize, such a take.
Accordingly, the Corps' operations have violated and will continue to
violate Section 9 of the ESA.
'The purpose of this letter is to put the Corps on notice of the viola-
tions discussed herein and to provide the Corps with an opportunity
to review the above-described actions and take corrective measures
to avoid litigation."
Thus, while Florida presently intends to commence an action pursu-
ant to the ESA for relief from the above-described violations, the Corps
may avoid this action if it immediately takes all of the following ac-
1) Terminate its authorization of withdrawals and releases
from Lake Lanier for water supply purposes, and con-
tinue to refrain from implementing or performing under
the settlement agreement: in the Southeastern Federal
Power Customers litigation, pending compliance with
Section 7(a)(2)'s consultation requirements;
2) Release such water from Jim Woodruff Lock and Dam
and other reservoirs and dams under its control as is
necessary and in such a manner that ensures the ACF
Species will not be jeopardized or taken and that desig-
nated critical habitat will not be adversely modified or
3) Initiate discussions with the State of Florida regarding
the propriety of the Water Users' withdrawals from Lake
,Lanier and the releases of Water from Lake Lanier for
Highway 98 & 6th Street
Work on your own boat in our secure
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329 Water St, Apalachicola
At Historic Trinitv
Featuring The Bay Area
Choral Society and Soloists
The Ilse Newell Fund for the Per-
forming Arts will present the Bay
Area Choral Society, under the
direction of Merel Young of
Keokuk, Iowa, and St. George Is-
land, in a performance of the
Christmas portion of G.F.
Handel's oratorio, MESSIAH, on
.December 12th, at 4:00 p.m., EST
at Historic Trinity Church,
Apalachicola. Soloists will be
'Carla May, Port St. Joe, soprano,
Marquetta Ourand, Green Cove
Springs, contralto, Gordon
Adkins, St. George Island, Tenor,
and Roger Jones, Apalachicola,
bass. Organist will be R. Bedford
Watkins, and contrabass, Luciano
The Ilse Newell Concert Series is
,sponsored by the Apalachicola
Area Historical Society,-a 501-(c)
3 educational incorporation in the
State of Florida. A $2:00 donation
is requested at the door for those
not holding season memberships.
jir t iOaptirt (jurd)
St. George Island
501 E. Bayshore Drive
R. Michael Whaley, Pastor
Join us as we praise and
worship the living Christ!
Sunday Bible Study 10:00 a.m.
\\orhip & Praise 1100 a.m.
Sunday Night 7:00 p.m.
Wed. "Power Hour" 7:00 p.m.
"Walking in Christ"
St. George Island
United Methodist Church
You ARE INVITED To
SUNDAY WORSHIP 9:30A.M.
201 E. Gulf Beach Drive on the Island
Z927-2088 Website: sgiumc.org Rev. Anthony F. D'Angelo
Attention Customers, Vendors,
Employees and Friends
St. George Island
Cable TV Inc.
HAVE NOT BEEN SOLD
Thank you for your business, happy holidays.
President, St. George Island Cable TV Inc.
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Two 2BR/1 BA houses for rent located on St.
George Island. One furnished and one
unfurnished. No pets, no smokers. $950 per
month, first, last and security deposit.
Call: Lighthouse Realty 850-927-2821
The BUSINESS CARD DIRECTORY in the Chronicle pages is an
efficient way to promote your business to the public and save money
at the same time. These ads are strictly business cards magnified
to 2 columns by two inches, offered to you at 50% discount for two
insertions. Send your businesscard or copy to: Franklin Chronicle,
P.O. Box 590, Eastpoint, FL 32328 or fax 850-670-1685. Your
check for $15.00 will guarantee position in the next issue.
MARINE SUPPLIES & ACCESSORIES TRAINED MECHANICS
OYAMAHA" ; 3
MIKE'S MARINE SUPPLY
P.O. BOX 429 HWY. 98 PANACEA, FL 32346
PHONE: (850) 984-5637 (850) 984-5693 FAX: (850) 984-5698
HOURS: MON., TUES., THURS., FRI: 8:00 6:00
WED.: 8:00 1:00 SAT.: 8:00 5:00
PRO-LINE GHEENOE BOSTON-WHALER
PONTOON BOATS SEA PRO G-3 11-12/11-26/12-10/12-24
C & C Construction
Land Clearing, Commercial Grading,
Fill Dirt, Septic Systems,
Right Of Ways
Miles Creamer Bucky Creamer
850-670-8029 & 850-899-6200 850-670-8685 & 850-899-8685
LICENSED AND INSURED 11-12/11-26/12-10/12-24
" I& PJTSELI,1
4erry C4s4 tmas H4 a fr New Yea44
Odr family toyodr...
Iomc wit i att o(r AoFr and
ddi for the bct brgeru and
bicken iF) tow!
HOME TOWN BP & DELI
113 ST. JAMES AVENUE, JUST OFF HIGHWAY 98
MERRy ChRiSTMAS TO Al
ANd To All A Good YEAR!
TfhE SpoRtsMAN's LodqE
...e.OO~~e~O~e.ORe-eOeFOOO e O LD ATOOO.OO O.
of- vS'J E T R
The Chrpnicle Staff and Contributors wish you a
WARM AND MERRY CHRISTMAS and a
HAPPY NEW YEAR!!
-The Franklin Chronicle--
MORE PHOTOS, MORE ANALYSIS, MORE NEWS AND
OPINION, MORE OF EVERYTHING!
Distributed in Franklin, Gulf and Wakulla Counties.
Phone: 850-670-1687 Fax: 850-670-1685
1 KIsTI Jackson Auto Parts &
-. -- .-rB r M i -"^ mn
Wishing All A Very
Happy New Year
88 TALLAHASSEE STREET
SOUPS SALADS SANDWICHES ESPRESSO ICE CREAM
He~4~ C(44s'~~ ~ A
fJ~ Ntw Ye~v~! itier Kiwis
AUTHORIZED DEALERS FOR VERUCCI SCOOTERS & CYCLES
A LOCALLY OWNED NEWSPAPER
10 December 2004 Page ;9,,
The F'ranklin Clhronicle
P~qp 10 .-I 0 ecember 2004
A LOCALLY OWNED NEWSPAPER
The Franklin Chronicle
A gathering to share healing through words, music,
lights and candles, and through memory
Service Of Remembrance
Held At Lafayette Park,
Several dozen friends and mourners gathered at the gazebo in Lafayette
Park on Sunday afternoon, November 28th for the Big Bend Hospice
Service of Remembrance, 2004.
Saundra Kelley, Community Relations of the Big Bend Hospice, gave
her welcoming remarks followed by Chaplain Scott Smallwood. His
remarks focused on the following thoughts:
We gather here to share our journeys:
No matter the path each one of us has traveled,
We are joined by a common experience,
We know love and we know loss.
We gather here to share our grief:
To remember those we love,
And to express sorrow and joy,
To seek comfort and healing,
We gather here to share in our healing:
Through words and music,
Through lights and candles,
And through memory.
As we face our grief together,
"May we remember where we come from,
Where we are right now,
And where we are going,
Throughout this holiday season and beyond.
May we allow the words spoken and sung,
The rituals observed, and
The joining of our hearts and minds
To invoke memories tender and sweet,
Like roses in December.
The Love Center Inspirational Voices provided choral music supple-
mented by Debbie Bachman. A Hospice Story was related by the Stahl-
Waters Family followed with a lighting of the tree and candle lighting.
There's a special place in everyone's memory. A place filled with beach vacations, camping trips, picnics and
reunions. It's more than a vacation home. It's home to your family's most cherished times together. SummerCaimp
is a community on St. James Island on the Gulf coast in Northwest Florida. You'll find acres of pristine .marshes,
abundant wildlife habitats, forests of towering pines and ancient oak hammocks. Kayak along the bay and the (Gulf of
Mexico's inlets, fish the saltwater flats and search for .- il-1. along 4 miles of Gulf beach. SummlmerCamp. It's waiting
to take you back. Visit www.summercampflorida.com or call 866.273.0713 toll-free.
Homes from the mid $400,000's
to over $900,000. ,
Homesites from the $150,000's
to over $800,000.
SummerCamp is located on St. James Island, U.S. 319' i,,..
at Hwy 98, just west of St. Teresa. Visit our Preview Center .." ,,,',,... .
located at 122 E. Jefferson Street in downtown Tallahassee. ,,
Open weekdays 9 a.m. 5:30 p.m. and weekends 11 a.m. 5 p.m., ,, ,
1, F Fd ''d !, , ,~ L i . ,,
F : ,F ,~ , ,
F FF1 'F ~ ~ .. ..R~ I) .... i ~ ~ 5iO
Last weekend, Congressman
Allen Boyd (D-North Florida), a
member of the House Appropria-
tions Committee, voted in favor of
the fiscal 2005 omnibus appro-
priations package (HR 4818), se-
curing $1 million to continue the
expansion of U.S. Highway 319.
Expanding the highway will help
alleviate traffic and provide the
only four-lane Hurricane Evacu-
ation Route in the Big Bend area
U.S. Highway 319 is currently a
two-lane highway connecting Tal-
lahassee with Wakulla, Franklin
and Gulf Counties and is the ma-
jor north/south roadway connect-
ing Interstate 10 and U.S. High-
way 98. The population growth in
Wakulla County has created a
pressing need for the expansion
of U.S. 319 to accommodate the
increasing traffic flow through the
county, which has become a bed-
room community for Tallahassee.
"I am pleased this funding will
help area residents travel through
the county safely and with greater
ease," said Congressman Boyd.
'This past hurricane season has
further proven the need for a
four-lane highway. It is vital that
we work together to support the
, growth of this county and provide
a safe route in the extreme case
The Florida Highway Patrol's new-
est enforcement tool, the Mercury
Marauder, was unveiled at a news
conference December 6th in Tal-
lahassee. Eighteen new vehicles
will join the patrol force to play a
key role in the campaign against
The Mercury Marauder is an ex-
cellent stealth vehicle for use in
detecting and apprehending ag-
gressive drivers. These unmarked
marauders are equipped with co-
. vert lighting packages, emergency
sirens, speed measuring devices,
and state-of-the-art audio/video
recording systems designed to
J provide valuable recorded docu-
mentation need for court presen-
tations and prosecution of viola-